Madhya Pradesh High Court
Dr. (Miss) Madhulika Adhikari vs The State Of Madhya Pradesh on 21 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 21 st OF DECEMBER, 2023
WRIT PETITION No. 10394 of 2017
BETWEEN:-
DR. (MISS) MADHULIKA ADHIKARI D/O LATE S.M
ADHIKARI, AGED ABOUT 65 YEARS, OCCUPATION:
RETIRED ASSISTANT PROFESSOR, R/O 598, LIG
DHANWANTRY NAGAR JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI ABHILASH KUMAR DEY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
2. THE COMMISSIONER, HIGHER EDUCATION
DEPARTMENT, 5TH FLOOR, SATPURA BHAWAN,
BHOPAL (MADHYA PRADESH)
3. THE DISTRICT EDUCATION OFFICER/ PRINCIPAL
GOVT. MAHAKOSHAL ARTS AND COMMERCE
COLLEGE CIVIL LINES, JABALPUR (MADHYA
PRADESH)
4. THE PRINCIPAL/ SECRETARY GOVERNING BODY
HITKARINI MAHILA MAHAVIDYALAYA, OPP. CITY
COFFEE HOUSE, JONESGANJ, JABALPUR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GAJENDRA PARASHAR - PANEL LAWYER FOR RESPONDENTS
NOS.1 TO 3/STATE, SHRI AKSHAT ARJARIA - ADVOCATE FOR
RESPONDENT NO.4)
This petition coming on for admission this day, th e court passed the
following:
Signature Not Verified
Signed by: VARSHA
CHOURASIYA
Signing time: 21-12-2023
18:06:28
2
ORDER
This petition under Article 226 of Constitution of India has been filed
seeking the following reliefs:
(i) To direct the respondents to decide the representation of
petitioner in the light of Supreme Court as well as High Court judgment.
Further, to direct the respondents to pay the entire arrears of salary, entire
retrial dues, to issue revised PPO, and pay the withheld amount of AGP-
9000/- along with interest on delayed payment.
(ii) To summon entire relevant record from the respondents for its
kind perusal.
(iii) To direct the respondents to release arrears of AGP 9000 as per
the order passed on 15.03.2017.
(iv) To direct the respondents to pay the arrears and interest on
delayed payment.
(v) To direct the respondent to pay the entire arrears of retrial dues
with interest on delayed payment.
(vi) Any other relief which this Hon'ble court may deem fit.
(vii) Cost of the litigation.
2. At the outset and without arguing on merits, it is submitted by counsel
for petitioner that petitioner has made a representation dated 23.07.2020 for
adjudication of her rights which is still pending and therefore, respondents
Nos.1 & 2 may be directed to decide the same.
3. Considered the submissions made by counsel for parties.
4. Without entering into the controversy with regard to entitlement of
petitioner as claimed by her, it is directed that if representation dated 23.07.2020
filed by petitioner is still pending, then the same shall be decided by
respondents Nos.1 & 2 within a period of two months from the date of receipt
of certified copy of this order.
5. It is made clear that this Court has not considered the demerit/merits
of the case and representation shall be decided strictly in accordance with law
without getting prejudiced or influenced by this order.
6. With aforesaid direction, petition is disposed of.
(G.S. AHLUWALIA)
JUDGE
vc
